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News/Events - Meeting Minutes

Meeting was called to order 6:27 at p.m.

Members Present: Frank Snow, Chairman, Mr. Bjorklund, Mr. Greenbaum, Ms. Scott-Pipes, Mr. Urbanski.

Also Present: Paul Shea, Agent, Carol Logue, Secretary,

Agenda: Motion to accept the agenda Mr. Urbanski. Second Mr. Bjorklund. Motion passed by unanimous vote.

Agent’s Report: The Glen, 89 Summer Street tree clearing tomorrow. Consultants forgot that the restoration work had to be done first. Steve Ivas will work out.

Mr. Snow: Sunset Road: No update, will try to reach Paul Norton.

Mr. Bjorklund: Revetments at 31, 33 Surfside Rd: Steve Lynch, Carlos Pena, CLE, and Mr. Bjorklund had a preconstruction. Thought Steve Lynch knew exactly what to do, but project got botched. Noncompliant. Some work off-site at 35 Surfside. The site was a mess. Not building wall according to stamped plan. Mr. Shea: Put the project in Carlos Pena’s and Mike Count’s hands. We now know that he will be working on other projects that Peter Williams brought in. Possibly bring him in and maybe fine him. He has done other work on the town’s seawalls. Apparently does what he wants. Either we meet with him, bring him to a meeting, or write a letter. Would like to put his other projects on hold - 146 Oceanside and Standish. Regarding fining: Some commissions count the conditions and fine per condition; others fine $300 a day or something like that to get applicant’s attention. Tends to make them stay on target with the Order of Conditions and site plan, leaning on the engineers to baby sit. Discuss at the next meeting. Have Lynch in on December 13.

Triglia, 140 River St: Met with Amy Kwesell, who no longer works for the client. Send an Enforcement Order telling her to take the entire wall out. If she doesn’t, start fining. Enforcement Order will be signed tonight. Mr. Bjorklund: previously discussed that it may do more damage to take the wall out. Step 1: remove the backfill; 2. Remove the wall. Explain what the goal is. Take fill offsite. The contractor should come in and talk to Agent. Can state: under the guidance of the Conservation Agent.

Haufler, 21 Peggotty Beach Rd: Fill should be coming out next week. Talked to Brad Holmes today. Restore buffer zones. Take the material out now. Stabilize the site and do plantings in the spring.

Bloomstein, 242 Central Ave. (seawall): Talked to him at least 2-1/2 weeks ago. Supposedly his engineer has a Notice of Intent ready. He has an Enforcement Order already. Supposed to file a Notice of Intent. Give him a date and if he doesn’t meet the date will start fining. Notice due next week or the fining will start.

Proposed hot dog stand at Driftway: Needs approval from Commission. Think about it. Liability issue.

Minutes: Motion to approve the minutes of October 12, 2010 Mr. Bjorklund. Second Ms. Scott-Pipes. Motion passed by unanimous vote.

Wetlands Hearing: Owen, 224 Central Ave. (pier & float)
Kevin McGuire was present at the hearing. Abutters notification was submitted. Paul Armstrong delayed, couldn’t attend. Plan shaded in yellow is an existing pier on the property, photos included with application. Across from the house is an existing pier; remove and replace with a new pier. About 12’ further out, to make sure the float is in the water at low tide: existing float bottoms out. Harbormaster was contacted; he had a couple of questions, but couldn’t comment today. Trying to guess, no defined channel there. Quite a distance between float and where they think channel is. Filed with Waterways Committee, but hasn’t been heard yet. New float is to be out about as far as floats on either side and will be secured by piles. Verify 2’ of water under dock when finished. No proposed parking on that side of the street. The ramp is 3’ wide and will be slid up on the 4’ wide pier. Going to remove float and store for off-season. Motion to close the hearing Mr. Urbanski. Second Ms. Scott-Pipes. Motion passed by unanimous vote. Put in the orders Harbormaster’s input needs to be submitted. Need 21-day waiver to extend time for issuing the Order of Conditions.

Wetlands Hearing: Andrade, 27 Jenkins Place (raze/rebuild)
Joe Andrade was present at the hearing. Abutters notification was submitted. Submitted revised plans with moved haybales. Intends to raze existing house and build proposed house. Building house now, garage will be built later. Living in existing small one, but once the new house is built and connected to sewer, will tear down #25. Mr. Greenbaum: eastern border looked like wetlands, but probably off property; want it accurate--might change where haybale line is placed. Mr. Shea: Flags 1 through 5 at northwest corner, elevation 28; goes up in elevation to 30’ where Mr. Greenbaum is talking about. Can’t flag off-site wetlands. Put another line of haybales along the other property line. The Commission could close the hearing tonight if his botanist goes out and double checks area and adds anything pertinent to the plan and erosion controls; should be showing all wetlands and buffer zones. Work is as close to the cul-de-sac as possible. When you read her letter, off-site quite a distance away. Will ask botanist to go out again tomorrow. Carol McGurl, abutter: concern is flooding, live directly behind Joe on Berkshire Road. The grading should stay the same; runs toward brook on Country Way. Once connected to sewer, there will be less water on site. Very high water table in this area. Grading is 80’ from the property line. Motion to close the hearing Ms. Scott-Pipes. Second Mr. Urbanski. Need 21-day waiver from applicant for the issuance of the Order of Conditions. Would like to demolish existing building, very dangerous. Can sign building permit for demolition tomorrow. Motion passed by unanimous vote.

Order of Conditions: Kamman, 31 Candlewood Drive (approval of existing agricultural use)
Voted November 1 to close the hearing. Received new information on November 3 by e-mail: however, September 28 a motion was made to close the hearing. Applicant said he would submit additional information; nothing came in. Had to be submitted a week ahead. Worked on a preliminary set of orders and a Memorandum. Denying his Notice of Intent application and basically sending a memo of decision and conditions, restore wetlands and wetland buffer zones. Expecting a restoration plan in 2 weeks and if Commission is in agreement, do replication immediately. Has to restore wetland. Restore site to historical conditions. Don’t know the condition of his historic backyard. Some of the information submitted went back to a historical wetlands line. If he wants to keep pear trees on site, they will have to be moved closer to his home. Or we tell him the trees can stay, but the mitigation was unacceptable. If anyone is feeling guilty about this, we have given him many opportunities. Went through the Memo, which states what the Commission has gone through for the last 11 years. Gives DEP a background. Motion to deny the project and accept orders Ms. Scott-Pipes. Second Mr. Greenbaum. Motion passed by unanimous vote. This is the biggest violation ever seen in Scituate.

Order of Conditions: Wood, 18 Hatherly Rd (pool)
Motion to condition the project and connect the plantings Mr. Bjorklund. Second Ms. Scott-Pipes. Motion passed by unanimous vote.

Order of Conditions: Foley, 99 Glades Rd (raze/rebuild house & garage)
Discussed two versions of conditions. 1. Have the same design with additional plantings and infiltrators under house. 2. Redesign for a smaller house. Add continuing condition regarding garage and no storage of liquid or gas fuel below base flood, plus one foot. Motion to condition version 1 with infiltration system, the condition of storage in garage and additional buffer zone plantings Mr. Bjorklund. Second Mr. Urbanski. Motion passed by a majority vote with 1 abstention.

Mr. Greenbaum: Deck at 28 Dartmouth - Wrote a condition regarding removal and installation of deck with certain dates. Check removal date tomorrow. Could send a letter stating if deck is not removed by that date, will start fining.

Mr. Bjorklund: 350 Clapp Rd – Addition on back of house had them do a small planting area. Work is all done; no problems; only issue is a planting plan was supposed to be submitted. Contacted them, need a copy of the plan, in case need replacements of the same plants. Do not release until the plan is submitted.

64 Oceanside Dr: Commission approved foundation repairs. Went to site, can’t see repairs. Lattice around house with plywood over. The house has a solid concrete foundation. Spoke to Neil Duggan, who did inspections at the site before lattice and plywood were put on.

CORRESPONDENCE
November 2, 2010 – November 9, 2010
1. Ivas information re: The Glen – Reviewed the limit of work 11/3 with Bob Rowean on site.
2. Division of Marine Fisheries re: Owens, 224 Central Ave. replacement of pier/ramp/float/South River. No recommendations. (in file)
3. Schedule of construction re: 158 First Parish Rd – 68-2111. (in file)
4. Review of Stormwater Bylaw re: 99 Glades Rd 68-2271 (in file)
5. Scott Greenbaum – (e-mail to office) – 3 possible conditions for 99 Glades Rd 68-2271 – included in Orders (in file)
6. Building permits for October 2010
7. Notification to abutters for Regan, 26 Buttonwood Lane (in file)
8. Atty. Kwesell re: Triglia, 140 River St.: Sent correspondence, not answered. Have been unable to move forward with the homeowner and unaware of her plans re: the wall. No longer representing--advised to retain other counsel. (in file)
9. Recording of OofC & pictures for 68-2264 – 102 Oceanside Dr (in file)
10. Additional information 68-2251 31 Candlewood – RECEIVED LATE – Nov. 3 for a Nov. 9 meeting (members closed hearing)
11. Atty. Brodsky re: 68-2251 31 Candlewood – Surprised at Commission opening hearing on Nov. 1 when they requested a continuance to Nov. 9. (project automatically continued to Nov. 1 from a postponed meeting of Oct. 26. Did not open/just had to vote to continue or not. Commission chose to close the hearing)
12. DEP re: 68-2222 – Boyajian, 43 Oceanside Dr. Order to Show Cause – Mailing rather than receipt triggers the ten-day appeal period.
13. DEP File #68-2274 – Crowley, 138 Gilson Rd (in file)
14. DEP re: 68-2221 – Compliance with MEPA – Musquashicut Pond Tide Gate
15. Village at South River – 68-2105 – 8 Dartmouth/aka Central Ave. Contact list (in file)
16. Request to operate a hot dog/sausage vending cart located at A.J. MacEachern/Driftway Pier. 10:00 to 3:00 from April through October. (letter in correspondence)
17. 89 Summer St – Tree cutting tomorrow morning. So far opened stone wall and removed a couple of tree stumps.
18. EOEA re: Coastal and Estuarine Land Conservation Program Request for Responses Pre-Announcement for Anticipated Federal FY 2012 Funding.
19. Recording of 68-2207 – Sanchez, 14 Hawthorne St (in file)
20. Request for public records – Geographic Information Systems electronic format: Parcels/ Zoning districts/ Wastewater treatment facilities (don’t know how to do this)
21. Picture from Scott Greenbaum of Stone, 28 Dartmouth St – deck still in place

Meeting adjourned 8:00 p.m.

Respectfully submitted,

Carol Logue, Secretary